Overview of Deportation/Removal Laws
The immigration reform by President Obama has several different provisions states Brian D. Lerner. Many of those provisions have different dates upon which they will become effective. The immigration reform provides a new DAPA, an expanded DACA, updated Prosecutorial Discretion standards through different priorities, expanded standards for eligibility for the Provisional Waiver and various other matters.
Brian D. Lerner, Immigration Attorney states that there are different priorities and exceptions to the those priority standards. The revised guidance shall be effective on January 5, 2015 states Brian D. Lerner. Implementing training and guidance will be provided to the workforce prior to the effective date for the immigration reform. The revised guidance in the immigration reform memorandum applies only to foreign nationals encountered or apprehended on or after the effective date, and aliens detained, in removal proceedings, or subject to removal orders who have not been removed from the United States as of the effective date. Therefore, Brian D. Lerner suggests that if you are in Removal Proceedings right now, it might be a good idea under immigration reform to request a continuance from Immigration Court until after January 15, 2015.
Nothing in the immigration reform guidance is intended to modify USCIS Notice to Appear policies, which remain in force and effect to the extent they are not inconsistent with the immigration reform memorandum. The actual Memorandum put out by Jeh Johnson actually rescinded many prior memos. Brian Lerner states that the official memorandum actually have been rescinded:
“Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal Of Aliens,” (ICE, John Morton, Mar. 2, 2011), “Exercising Prosecutorial Discretion Consistent with the Civil Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens,” (ICE, John Morton, June 17, 2011), “Case-by-Case Review of Incoming and Certain Pending Cases,” (ICE, Peter Vincent, Nov. 17, 2011) , “Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems,” (ICE, Dec. 21, 2012) , “National Fugitive Operations Program: Priorities, Goals, and Expectations,” (ICE, Dec. 8, 2009) , “Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants,” (Nov. 20, 2011).
Brian Lerner states that Immigration reform has made it that the following memoranda remain in effect: “Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens,” (USCIS, Nov. 7, 2011) and “Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs,” (ICE, John Morton, June 17, 2011).
Thus, Brian Lerner notes that since so many of the prior policy memorandum have been revoked and are no longer in effect, it only shows how much more important the new policy memo on enforcement and removal of aliens and priorities of removal will be. In fact, the memorandum makes clear that all of the divisions under the Homeland Security will and should follow the mandates of the memorandum.
Immigration reform is here and while there are more than 15 governors suing President Obama claiming that the immigration reform is unconstitutional, there are far more Professors, businesses, have written their support for the immigration reform. Maybe, states Brian D. Lerner, the immigration reform will move Congress to pass a comprehensive immigration reform bill. Maybe this executive order leading to certain immigration reform will be the precursor to a much bigger and much broader immigration reform.